GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XXXIV  OF 2006

THE  MAHARASHTRA  STATE  COMMISSION  FOR
BACKWARD  CLASSES  ACT,  2005.

(As modified upto the 19th November 2018)



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DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE,
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2018

[PRICE : Rs. 23.00 ]

2006 : Mah. XXXIV]

THE  MAHARASHTRA  STATE  COMMISSION  FOR

(i)

BACKWARD  CLASSES  ACT,  2005

PREAMBLE

SECTIONS

CONTENTS

CHAPTER  I

PRELIMINARY

1. Short title, extent and commencement.

2. Definitions.

CHAPTER  II

THE  MAHARASHTRA  STATE  COMMISSION  FOR
BACKWARD  CLASSES

3. Constitution of State Commission for Backward Classes.

4. Terms of office and conditions of service of Chairperson and members.

5. Officers and other employees of Commission.

6. Honorarium, salaries and allowances to be paid out of grants.

7. Vacancies, etc., not to invalidate proceedings of Commission.

8. Procedure to be regulated by Commission.

CHAPTER  III

FUNCTIONS  AND  POWERS  OF  COMMISSION

9. Functions of Commission.

10. Powers of Commission.

11. Periodic revision of Lists by State Government.

CHAPTER  IV

FINANCE,  ACCOUNTS  AND  AUDIT

12. Grants by State Government.

13. Accounts and Audit.

14. Annual report.

15. Annual report and audit report to be laid before State Legislature.

CHAPTER  V

MISCELLANEOUS

16. Chairperson, members, officers and employees of Commission to

be public servants.

17. Power to make rules.

18. Power to remove difficulties.

H 915—1

MAHARASHTRA  ACT  No.  XXXIV  OF  20061.

[THE  MAHARASHTRA  STATE  COMMISSION  FOR  BACKWARD
CLASSES  ACT,  2005.]

Amended by Mah. 29 of 2017 @ (9-1-2017)*

(This Act received the assent of the President on the 6th August 2006;

assent was first published in Maharashtra Government Gazette, Extraordinary,
Part IV, on the 14th August 2006.)

An Act to provide for constitution of a State level Commission for Backward
Classes other than the Scheduled Castes and Scheduled Tribes and to provide for
matters connected therewith or incidental thereto;

WHEREAS, the Supreme Court in the Mandal Commission case relating to
reservation  of  civil  posts  and  services  in  favour  of  socially  and  educationally
backward classes  other than  the Scheduled  Castes and  Scheduled Tribes,  had
given directions, inter alia, to all the State Governments to constitute a permanent
body for entertaining, examining and recommending upon requests for inclusion;
and hearing complaints, of over-inclusion or under-inclusion in the Lists of other
backward classes of citizens ;

AND WHEREAS, in compliance of the aforesaid directions of the Supreme
Court, the Government of Maharashtra has constituted a Committee known as the
Maharashtra Other Backward Classes Committee by Government Resolution, dated
the 15th March 1993, which has subsequently been named as “ the State Commission
for Backward Classes” to perform the aforesaid functions ;

AND  WHEREAS,  the  Government  consideres  it  expedient  to  enact  a
comprehensive law to provide for the constitution of a Commission for ensuring
reservation  of  appointments  or  posts  in  favour  of  the  socially  and  educationally
Backward Classes other that the Scheduled Castes and Scheduled Tribes, in the
services under the Government of Maharashtra and other local or other authorities
within  the State, and to provide for matters connected therewith or incidental thereto;
it is hereby enacted in the Fifty-sixth Year of the Republic of India as follows:—

CHAPTER  I

PRILIMINARY

1.

(1) This Act may be called the Maharashtra State Commission for Backward

Classes Act, 2005.

Short title,
extent and
commencement.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date2 as the State Government may, by

notification in the Official Gazette, appoint.

2.

In this Act, unless the context otherwise requires,—

Definitions.

(a) “appointed day” means the date on which this Act comes into force,

under sub-section (3) of section 1;

1. For  Statement  of  Objects  and  Reasons  (English) see Maharashtra  Government  Gazette,  Extraordinary

No. 47, Part V-A, dated the 23rd July 2005, p. 424.

@ Maharashtra Ordinance No. IV of 2017 was repealed by Mah. 29 of 2017, s.3.

* This indicates the date of commencement of the Act.
2. This    Act  was  brought  into  force  by  G.N.S.J.  and  S.A.D.,  No.  CBC-10/2009/CR-265/BCW-5,  dated  the

4th August 2009, w.e.f. 5th August 2009.

(G.C.P.)  H 915—2 (2066—12-2018)

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Maharashtra  State  Commission  for  Backward  Classes  Act,  2005 [2006 : Mah. XXXIV

(b) “Accountant General ” means the Accountant General of Maharashtra

State ;

(c) “backward classes” means such backward classes of citizens other
than  the  Scheduled  Castes  and  the  Scheduled  Tribes,  as  specified  by  the
State Government in the Lists;

(d) “Commission”  means  the  Maharashtra  State  Commission  for

Backward Classes constituted under section 3;

(e) “Lists” means the Lists prepared by the State Government, from time
to time, for the purposes of making provision for the reservation of appointments
or posts, in favour of the backward classes of citizens who, in the opinion  of
the State Government, are not adequately represented in the services under
the State Government and any local or other authority within the State or under
the control of the State Government;

(f ) “member”  means  a  member  of  the  Commission  and  includes  the

Chairperson and Member-Secretary;

(g) “prescribed” means prescribed by rules made under this Act;

(h) “State Government” means the Government of Maharashtra;

(i ) “State” means the State of Maharashtra.

CHAPTER  II

THE MAHARASHTRA STATE COMMISSION FOR BACKWARD CLASSES

Constitution
of State
Commission
for Backward
Classes.

3.

(1) The  State Government  shall,  by  notification in  the Official  Gazette,
constitute a body to be known as the Maharashtra State Commission for Backward
Classes for the purposes of this Act, which will exercise the powers conferred on
and perform the functions assigned to it, under this Act.

(2) The Commission shall consist of the following members nominated by the

State Government, namely :—

(a) a Chairperson, who is or has been, a judge of the Supreme Court or

of a High Court;

(b) a social scientist, with experience of empirical research;

(c) 1[eight members, at least one member each] from the six revenue
divisions of the State, who have special knowledge in the matters relating to
other backward classes:

Provided that, from amongst the members there shall be not less than
one female member and one member each, belonging to the other backward
class, Vimukta Jatis and Nomadic Tribes;

(d ) a  Member-Secretary,  who  is  or  has  been  an  officer  of  the  State
Government  not  below  the  rank  of  the  Joint  Director  in  the  Social  Justice
Department :

Provided  that,  before  nominating  the  Member-Secretary,  the  State

Government shall consult the Commission.

1. These words were substituted for the words “six members, one member each”  by Mah. 29 of 2017, s.2.

2006 : Mah. XXXIV] Maharashtra  State  Commission  for  Backward  Classes  Act,  2005

3

4.

(1)   Every member shall hold the office for a term of three years from the

date he assumes the office.

(2) A member may, by writing under his or her hand addressed to the State
Government, resign from the office of the Chairperson or, as the case may be, of
the member, at any time.

(3) The State Government shall remove a person from the office of the member

Terms of
office and
conditions of
service of
Chairperson
and members.

if that person,—

(a) becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment for an offence which in,

the opinion of the State Government, involves moral turpitude;

(c) becomes of unsound mind and stands so declared by the competent

Court;

(d ) refuses to act or becomes incapable of acting ;

(e) is, without obtaining leave of absence from the Commission, absent

from three consecutive meetings of the Commission ; or

(f) has, in the opinion of the State Government, so abused the position of
the Chairperson or member as to render that person’s continuance in the office
detrimental to the interests of the backward classes or the public interest, or is
otherwise in the opinion of the State Government unfit or unsuitable to continue
as such Chairperson or member :

Provided that, no office-bearer shall be removed under this clause until
that person has been given a reasonable opportunity of being heard in the
matter.

(4) A vacancy caused under sub-section (2) or (3) or otherwise, shall be filled
in, as soon as may be, by a fresh nomination by the State Government; and the
person so nominated shall hold office for the remainder of the term of office of the
person in whose vacancy such person has been nominated, would have held the
office, if the vacancy had not occurred :

Provided that, if the vacancy of a member other than that of the Chairperson,
occurs within six months preceding the date on which the term of office of the member
expires, the vacancy shall not be filled in.

(5) The honorarium, if any, and allowances payable to, and the other terms
and conditions of holding of the office of, the Chairperson and the members shall be
such as may be prescribed.

5.

(1) The State Government shall provide the Commission with such officers
and employees as may be necessary for the efficient performance of the functions
of the Commission under this Act.

Officers and
other
employees of
Commission.

(2) The salaries and allowances payable to, and the other terms and conditions
of service of, the officers and other employees appointed for the purpose of the
Commission  shall  be  such  as  the  State  Government  may,  from  time  to  time,
determine.

H 915—2a

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Maharashtra  State  Commission  for  Backward  Classes  Act,  2005 [2006 : Mah. XXXIV

Honorarium,
salaries and
allowances to
be paid out of
grants.

Vacancies,
etc., not to
invalidate
proceedings of
Commissions.

Procedure to
be regulated
by
Commission.

6. The honorarium and allowances payable to the Chairperson and members,
and  the  administrative  expenses,  including  salaries  and  allowances  and  other
terminal benefits payable to the officers and other employees referred to in section

5

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( 1) of section 12.

7. No act or proceeding of the Commission shall be invalid merely on the
ground of existence of any vacancy or defect in the constitution of the Commission
or any defect in the nomination of a person acting as the Chairperson or as a member,
or any irregularity in the procedure of the Commission, not affecting the merits of the
case.

8.

(1) The  Commission  shall  meet  as  and  when  necessary,  at  such  time

and place as the Chairperson decides.

(2) The Commission shall regulate its own procedure, and may, for this purpose,
frame  regulations  consistent  with  the  provisions  of  this  Act  and  rules  made
thereunder.

(3) All orders and decisions of the Commission shall be authenticated by the
Member-Secretary or any other officer of the Commission duly authorised by the
Member-Secretary in this behalf.

Functions of
Commission.

FUNCTIONS AND POWERS OF COMMISSION

9.

(1) It shall be the function of the Commission,—

CHAPTER  III

(a) to entertain and examine requests for inclusion of any class of citizens

as a backward class in the Lists ;

(b) to entertain, hear, enquire and examine complaints of over-inclusion
or under-inclusion of any backward class in such Lists and tender such advice
to the State Government as it deems appropriate;

(c) to take  periodical review and  make recommendations to  the State
Government  regarding  the  criterias  and  methodology  of  determining  the
backward class of citizens ;

(d ) to cause studies to be conducted on a regular basis through and in
collaboration with reputed academic and research bodies for building of data
about the changing socio-economic status of various classes of citizens ;

(e) to regularly review the socio-economic progress of the backward class

of citizens ; and

(f ) to perform such other functions as may be prescribed.

(2) The advice given or recommendations made by the Commission under
this  section  shall  ordinarily  be  binding  on  the  State  Government  and  the  State
Government shall record reasons in writing, if, it totally or partially rejects the advice
or recommendations or modifies it.

Powers of
Commission.

10. The Commission shall, while performing its functions under sub-section
(1) of section 9, have all the powers of a civil court trying a suit and in particular, in
respect of the following matters, namely :—

 
 
 
 
 
 
 
 
 
 
 
 
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5

(a) summoning  and  enforcing the  attendance  of  any person  from  any

part of the State and examining him on oath;

(b) requiring the discovery and production of any document ;

(c) receiving evidence on affidavits ;

(d) requisitioning  any  public  record  or  copy  thereof  from  any  court  or

office ;

(e) issuing commissions for the examination of witnesses and documents;

and

(f) any other matter which may be prescribed.

11.

(1) The State Government may, at any time, and shall, at the expiration
of  ten  years  from  the  appointed  day  and  every  succeeding  period  of  ten  years
thereafter, undertake revision of the Lists with a view to excluding from such Lists
those classes which have ceased to be backward classes or for including in such
Lists new backward classes.

Periodic
revision of
Lists by State
Government.

(2) The State Government shall, while undertaking any revision referred to in

sub-section (1), consult the Commission.

CHAPTER  IV

FINANCE, ACCOUNTS AND AUDIT

12.

(1) The State Government shall, after due appropriation made by the
State Legislature by law in this behalf, pay to the Commission by way of grants from
the Consolidated Fund of the State, such sums of money as the State Government
may think fit for being utilised for the purposes of this Act.

Grants by
State
Government.

(2) The  Commission  may  spend  such  sums  as  deemed  necessary  for
performing  the  functions  under  this  Act,  and  such  sums  shall  be  treated  as
expenditure payable out of the grants referred to in sub-section (1).

13.

(1) The Commission shall maintain proper accounts and other relevant
records and prepare an Annual Statement of Accounts in such form as may be
prescribed by the State Government in consultation with the Accountant General.

Accounts and
audit.

(2) The  accounts  of  the  Commission  shall  be  audited  by  the  Accountant
General at such intervals as may be specified by him, and any expenditure incurred
in connection with such audit shall be payable by the Commission to the Accountant
General.

(3) The Accountant General and any person appointed by him in connection
with the audit of the accounts of the Commission under this Act shall have the same
rights and privileges, and authority in connection with such audit as the Accountant
General generally has in connection with the audit of Government accounts and, in
particular,  shall  have  the  right  to  demand  the  production  of  books,  accounts,
connected vouchers and other documents and papers and to inspect any of the
officers of the Commission.

14.

(1) The Commission shall prepare in such form and at such time, for
each financial year,  as may be prescribed, its annual report, giving a full account of
its activities during the previous financial year and forward a copy thereof to the
State Government.

Annual
report.

6

Maharashtra  State  Commission  for  Backward  Classes  Act,  2005 [2006 : Mah. XXXIV

(2) Without prejudice to the provision of sub-section (1), the Commission may
forward such additional reports, in particular, about its recommendations regarding
the Lists, as and when deemed expedient.

Annual report
and audit
report to be
laid before
State
Legislature.

15. The State  Government shall  cause the  annual report,  together with  a
memorandum of action taken on the advice or recommendations tendered by the
Commission under sections 9 and 11 and the reasons for the non-acceptance, if
any, of any such advice or recommendations, and the audit report, to be laid, as
soon as may be, after they are received, before each House of the State Legislature.

Chairperson,
members,
officers and
employees to
be public
servants.

Power to
make rules.

CHAPTER  V

MISCELLANEOUS

16. The  Chairperson,  members,  officers  and  other  employees  of  the
Commission shall be deemed to be public servants within the meaning of section 21
of the Indian Penal Code, 1860.

45 of
1860.

17.

(1) The State Government may, in consultation with the Commission,
by notification in the Offical Gazette, make rules for carrying out the provisions of
this Act.

(2) In particular and without prejudice to the generality of the foregoing powers,

such rules may provide for all or any of the following matters, namely :—

(a) criterias and methodology for inclusion or exclusion of castes in or

from the Lists of backward classes ;

(b) methodology and criterias for proposing revision of Lists of backward

class of citizenes ;

(c) honorarium  and  allowances  payable  to  and  the  other  terms  and
conditions of service of, the Chairperson and members under sub-section (5)
of section 4 and the salaries and allowances payable to and the other terms
and conditions of service of, the officers and other employees under sub-section
(2) of section 5 ;

(d) the form in which the Annual Statement of Accounts shall be prepared

under sub-section (1) of section 13;

(e) the form in which and the time at which the Annual Report shall be

prepared under section 14;

(f) any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be, after it is
made, before each House of the State Legislature, while it is in session for a total
period of thirty days, which may be comprised  in one session or in two or more
succesive sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following, both the Houses agree in making any modification
in the rule or both the Houses agree that the rule should not be made, and notify
their decision to that effect in the Official Gazette, the rule shall, from the date of
publication of such decision in the Official Gazette, have effect only in such modified
form or be of no effect, as the case may be; so, however that, any such modification

2006 : Mah. XXXIV] Maharashtra  State  Commission  for  Backward  Classes  Act,  2005

7

or annulment shall be without prejudice to the validity of anything previously done or
omitted to be done under that rule.

18.

(1) If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by order, published in the Official Gazette, make provision
or give such direction, not inconsistent with the provisions of this Act, as may appear
to it to be necessary or expedient for removing the difficulty :

Power to
remove
difficulties.

Provided that, no such order shall be made after the expiry of a period of two

years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall, as soon as may be, after it is

made, be laid before each House of the State Legislature.

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